Committee
on Economic, Social and Cultural Rights, General Comment 15, The right to water
(Twenty-ninth session, 2003), U.N. Doc. E/C.12/2002/11 (2002), reprinted in
Compilation of General Comments and General Recommendations Adopted by Human
Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 105 (2003).

I. INTRODUCTION

1.
Water is a limited natural resource
and a public good fundamentalfor
life and health. The human right to water is indispensable for leading a life
in human dignity. It is a prerequisite for the realization of other human
rights. The Committee has been confronted continually with the widespread
denial of the right to water in developing as well as developed countries. Over
one billion persons lack access to a basic water supply, while several billion
do not have access to adequate sanitation, which is the primary cause of water
contamination and diseases linked to water.[1]
The continuing contamination, depletion and unequal distribution of water is
exacerbating existing poverty. States parties have to adopt effective measures
to realize, without discrimination, the right to water, as set out in this
general comment.

The legal
bases of the right to water

2.
The human right to water entitles everyone to sufficient,
safe, acceptable, physically accessible and affordablewater for personal and domestic uses. An adequate amount of safe
water is necessary to prevent death from dehydration, to reduce the risk of water-related disease
and to provide for consumption, cooking, personal and domestic hygienic requirements.

3. Article 11(1), paragraph 1, of the Covenant specifies a number of rights emanating from,
and indispensable for, the realization of the right to an adequate standard
of living “including adequate food, clothing and housing”. The use of the
word “including” indicates that this catalogue of rights was not intended
to be exhaustive. The right to water clearly falls within the category of
guarantees essential for securing an adequate standard of living, particularly
since it is one of the most fundamental conditions for survival. Moreover,
the Committee has previously recognized that water is a human right contained
in Aarticle 11(1), paragraph 1, (see General Comment No. 6 (1995)).
[2]
The right to water is also inextricably related
to the right to the highest attainable standard of health (Aart. 12(1), para.
1)
[3]
and the rights to adequate housing and adequate
food (Aart. 11(1), para.
1).
[4]
The right should also be seen in conjunction with
other rights enshrined in the International Bill of Human Rights, foremost
amongst them the right to life and human dignity.

4.The right to water has been recognized in a wide range of
international documents, including treaties, declarations and other standards.
[5]
For instance, Article 14(2),
paragraph 2, of the Convention on the Elimination of All Forms of Discrimination
Against Women (1979) stipulates that States parties shall ensure to women the right to “enjoy adequate living conditions,
particularly in relation to […] water supply”. Article 24(2), paragraph
2, of the Convention on the Rights of the Child (1989)
requires States parties to combat disease and malnutrition “through
the provision of adequate nutritious foods and clean drinking-water”.

5.The right to water has been
consistently addressed by the Committee during its consideration of States
parties’ reports, in accordance with
its revised general guidelines regarding the form and content of reports to be
submitted by States parties under articles 16 and 17 of the International
Covenant on Economic, Social and Cultural Rights, and its general comments.

6. Water is required for a range of different purposes, besides personal
and domestic uses, to realize many of the Covenant rights. For instance, water is necessary to produce food
(right to adequate food) and ensure environmental hygiene (right to health).
Water is essential for securing livelihoods (right to gain a living by work)
and enjoying certain cultural practices (right to take part in cultural life).
Nevertheless, priority in the allocation of water must be given to the right to
water for personal and domestic uses. Priority should also be given to the
water resources required to prevent starvation and disease, as well as water
required to meet the core obligations of each of the Covenant rights.[6]

Water and Covenant rights

7.
The Committee
notes the importance of ensuring sustainable access to water resources for
agriculture to realize the right to adequate food (see General Comment No.12 (1999)).
[7]
Attention should be given to ensuring that disadvantaged and marginalized farmers, including women farmers,
have equitable access to water and water management systems, including sustainable
rain harvesting and irrigation technology. Taking note of the duty in article 1(2), paragraph 2, of the Covenant, which provides that a “people may not “be
deprived of its means of subsistence”, States parties should ensure
thatthere is adequate access to water for subsistence farming and for
securing the livelihoods of indigenous peoples.
[8]

8.
Environmental hygiene, as an aspect of the right to health
under article 12(2), paragraph 2 (b), of the Covenant,
encompasses taking steps on a non-discriminatory basis to prevent threats
to health from unsafe and toxic water conditions.
[9]
For example, States
parties should ensure that natural water resources are protected from contamination
by harmful substances and pathogenic microbes. Likewise, States parties should monitor and combat situations where aquatic
eco-systems serve as a habitat for vectors of diseases wherever they pose
a risk to human living environments.
[10]

9.With a view to assisting States parties' implementation of the
Covenant and the fulfilment of their reporting obligations, this general Comment focuses in Part II on the normative content of the right to water
in Aarticles 11(1), paragraph 1, and 12 (Part II), on States parties' obligations (Part III), on
violations (Part IV)
and on implementation at the national level (Part
V), while the obligations of actors other
than States parties are addressed
in Part VI.

II. NORMATIVE CONTENT OF THE RIGHT TO WATER

10.
The right to water contains both
freedoms and entitlements. The freedoms include the right to maintain access to
existing water supplies necessary for the right to water, and the right to be
free from interference, such as the right to be free from arbitrary
disconnections or contamination of water supplies. By contrast, the
entitlements include the right to a system of water supply and management that
provides equality of opportunity for people to enjoy the right to water.

11.
The elements of the right to water must be adequate
for human dignity, life and health, in accordance
with Aarticles 11(1),
paragraph 1, and 12. The adequacy of water should not be interpreted
narrowly, by mere reference to volumetric quantities and technologies. Water
should be treated as a social and cultural good, and not primarily as an economic
good. The manner of the realization of the right to water must also be sustainable, ensuring that the right can be realized for
present and future generations.
[11]

12.While the adequacy of water required
for the right to water may vary according to different conditions, the
following factors apply in all circumstances:

(a)Availability. The water
supply for each person must be sufficient and continuous for personal and
domestic uses.
[12]
These uses ordinarily include drinking, personal sanitation, washing of clothes,
food preparation, personal and household hygiene.
[13]
The quantity of water available for each person should
correspond to World Health Organization (WHO) guidelines.
[14]
Some individuals
and groups may also require additional water due to health, climate, and work
conditions;

(b)Quality. The
water required for each personal or domestic use must be safe, therefore free
from micro-organisms, chemical substances and radiological hazards
that constitute a threat to a person’s health.
[15]
Furthermore, water should be of
an acceptable colour, odour and taste
for each personal or domestic use.

(c)Accessibility. Water
and water facilities and services have to be accessible to everyone without discrimination,
within the jurisdiction of the State party. Accessibility has four overlapping
dimensions:

(i)Physical accessibility: water, and adequate water
facilities and services, must be within safe physical reach for all sections
of the population. Sufficient,
safe and acceptable water must be accessible within, or in the immediate vicinity,of each household, educational institution and workplace.
[16]
All water facilities and services must
be of sufficientquality, culturally appropriate and sensitive
to gender, life-cycle and privacy requirements.
Physical security should not be threatened
during access to water facilities and services;

(ii)Economic accessibility: Water, and
water facilities and services, must be affordable for all. The direct and indirect costs and charges associated
with securing water must be affordable, and must not compromise or threaten
the realization of other Covenant rights;

(iii)Non-discrimination: Water and water facilities
and services must be accessible to all, including the most vulnerable or marginalized
sections of the population, in law and in fact, without discrimination on
any of the prohibited grounds; and

(iv)Information accessibility: accessibility
includes the right to seek, receive and impart information concerning water
issues.
[17]

Special topics of
broad application

Non-discrimination and equality

13. The obligation of States parties to guarantee that the right
to water is enjoyed without discrimination (Articleart. 2(2), para. 2), and
equally between men and women (Articleart. 3), pervades
all of the Covenant obligations. The Covenant thus proscribes any discrimination
on the grounds of race, colour, sex, age, language, religion, political or
other opinion, national or social origin, property, birth, physical or mental
disability, health status (including HIV/AIDS), sexual orientation and civil,
political, social or other status, which has the intention or effect of nullifying
or impairing the equal enjoyment or exercise of the right to water. The Committee
recalls paragraph 12 of General Comment No. 3 (1990), which states that even
in times of severe resource constraints, the vulnerable members of society
must be protected by the adoption of relatively low-cost targeted programmes.

14.
States parties should take steps to
remove de factodiscrimination on prohibited grounds,
where individuals and groups are deprived of the means or entitlements
necessary for achieving the right to water. States parties should ensure that
the allocation of water resources, and investments in water, facilitate access
to water for all members of society. Inappropriate resource allocation can lead
to discrimination that may not be overt. For example, investments should not
disproportionately favour expensive water supply services and facilities that
are often accessible only to a small, privileged fraction of the population,
rather than investing in services and facilities that benefit a far larger part
of the population.

15.With respect to the right to water,
States parties have a special obligation to provide those who do not have
sufficient means with the necessary water and water facilities and to prevent
any discrimination on internationally prohibited groundsin the
provision of water and water services.

16.Whereas the right to water applies to
everyone, States parties should give special attention to those individuals and
groups who have traditionally faced difficulties in exercising this right,
including women, children, minority groups, indigenous peoples, refugees,
asylum seekers, internally displaced persons, migrant workers, prisoners and
detainees. In particular, States
parties should take steps to ensure that:

(a)Women are not excluded from decision-making
processes concerning water resources and entitlements. The disproportionate
burden women bear in the collection of water should be alleviated.;

(b)Children are not prevented
from enjoying their human rights due to the lack of adequate water in educational
institutions and households or through the burden of collecting water. Provision
of adequate water to educational institutions currently without adequate drinking
water should be addressed as a matter of urgency.;

(c)Rural and deprived urban
areas have access to properly maintained water facilities. Access to traditional
water sources in rural areas should be protected from unlawful encroachment
and pollution. Deprived urban areas, including informal human settlements,
and homeless persons, should have access to properly maintained water facilities.
No household should be denied the right to water on the grounds of their housing
or land status.;

(d)Indigenous peoples’ access to water resources on their ancestral lands is
protected from encroachment and unlawful pollution. States should provide
resources for indigenous peoples to design, deliver and control their access
to water.;

(e) Nomadic and traveller communities have access to
adequate water at traditional and designated halting sites.;

(f)Refugees, asylum-seekers, internally displaced persons and returnees
have access to adequate water whether they stay in camps or in urban and rural
areas. Refugees and asylum-seekers should be granted the right to water on the same
conditions as granted to nationals.;

(g) Prisoners and detainees are provided with sufficient and safe water
for their daily individual requirements, taking note of the requirements of international humanitarian
law and the UN United Nations Standard Minimum Rules
for the Treatment of Prisoners.
[18]

(h)Groups facing difficulties with physical access to water, such as older
persons,[dz1] persons with disabilities,victims of natural disasters, persons living in disaster-prone areas, and those living in arid and semi-arid areas,
or on small islands are provided with safe and sufficient water.

III. STATES PARTIES’
OBLIGATIONS

General legal
obligations

17.
While the Covenant provides for progressive realization and
acknowledges the constraints due to the limits of available resources, it
also imposes on States parties various obligations which are of immediate
effect. States parties have immediate obligations in relation to the right
to water, such as the guarantee that the right will be exercised without discrimination
of any kind (Article 2(2)art. 2, para. 2) and the
obligation to take steps (Article 2(1)art. 2, para.1)
towards the full realization of Aarticles 11(1), paragraph 1, and 12. Such steps must be deliberate, concrete
and targeted towards the full realization of the right to water.

18.
States parties have a constant and continuing
duty under the Covenant to move as expeditiously and effectively as possible
towards the full realization of the right to water. Realization of the right
should be feasible and practicable, since all States parties exercise control
over a broad range of resources, including water, technology, financial resources,
and international assistance, as with all other rights in the Covenant.

19. There is a strong presumption that
retrogressive measures taken in relation to the right to water are prohibited
under the Covenant.[19]
If any deliberately retrogressive measures are taken, the State party has the
burden of proving that they have been introduced after the most careful
consideration of all alternatives and that they are duly justified by reference
to the totality of the rights provided for in the Covenant in the context of
the full use of the State party's maximum available resources.

Specific legal
obligations

20.The right to water, like any human
right, imposes three types of obligations on States parties: obligations to respect, obligations to protect and obligations to fulfil.

(a) Obligations to respect

21.The obligation to respect requires that States parties refrain from interfering
directly or indirectly with the enjoyment of the right to water. The obligation
includes, inter alia, refraining from engaging in any
practice or activity that denies or limits equal access to adequatewater; arbitrarily interfering with
customary or traditional arrangements for water allocation; unlawfully
diminishing or polluting water, for example through waste from State-owned
facilities or through use and testing of weapons; and limiting access to, or
destroying, water services and infrastructure as a punitive measure, for
example, during armed conflicts in violation of international humanitarian law.

22.The Committee notes that during armed
conflicts, emergency situations and natural disasters, the right to water
embraces those obligations by which States parties are bound under
international humanitarian law.[20]
This includes protection of objects indispensable for survival of the civilian
population, including drinking water installations and supplies and irrigation
works, protection of the natural environment against widespread, long-term and
severe damage and ensuring that civilians, internees and prisoners have access
to adequate water.[21]

(b) Obligations to protect

23.The obligation to protect requires State parties to prevent third parties from
interfering in any way with the enjoyment of the right to water. Third parties
include individuals, groups, corporations and other entities as well as agents
acting under their authority. The obligation includes, inter alia, adopting the necessary and effective legislative and
other measures to restrain, for example, third parties from denying equal
access to adequate water; and polluting and inequitably extracting from water
resources, including natural sources, wells and other water distribution
systems.

24.Where water services (such as piped
water networks, water tankers, access to rivers and wells) are operated or
controlled by third parties, States parties must prevent them from compromising
equal, affordable, and physical access to sufficient, safe and acceptable
water. To prevent such abuses an effective regulatory system must be
established, in conformity with the Covenant and this General Comment, which
includes independent monitoring, genuine public participation and imposition of
penalties for non-compliance.

(c) Obligations to fulfil

25.The obligation to fulfil can be disaggregated into the obligations to facilitate,
promote and provide. The obligation to facilitate requires the State to take
positive measures to assist individuals and communities to enjoy the right. The
obligation to promote obliges the State party to take steps to ensure that
there is appropriate education concerning the hygienic use of water, protection
of water sources and methods to minimize water wastage. States parties are also
obliged to fulfil (provide) the right when individuals or a group are unable,
for reasons beyond their control, to realize that right themselves by the means
at their disposal.

26.The obligation to fulfil requires States parties to
adopt the necessary measures directed towards the full realization of the right
to water. The obligation includes, inter
alia, according sufficient recognition of this right within the national
political and legal systems, preferably by way of legislative implementation;
adopting a national water strategy and plan of action to realize this right;
ensuring that water is affordable for everyone; and facilitating improved and
sustainable access to water, particularly in rural and deprived urban areas.

27.To ensure that
water is affordable, States parties must adopt the necessary measures that may
include, inter alia: (a)
use of a range of appropriate low-cost techniques and technologies; (b)
appropriate pricing policies such as free or low-cost water; and (c)
income supplements. Any payment for water services has
to be based on the principle of equity, ensuring that these services, whether
privately or publicly provided, are affordable for all, including socially
disadvantaged groups. Equity demands that poorer households should not be
disproportionately burdened with water expenses as compared to richer
households.

28.States parties should adopt
comprehensive and integrated strategies and programmes to ensure that there is
sufficient and safe water for present and future generations.[22]
Such strategies and programmes may include: (a) reducing depletion of
water resources through unsustainable extraction, diversion and damming; (b)
reducing and eliminating contamination of watersheds and water-related
eco-systems by substances such as radiation, harmful chemicals and human
excreta; (c) monitoring water reserves; (d) ensuring that
proposed developments do not interfere with access to adequatewater; (e) assessing the impacts of
actions that may impinge upon water availability and natural-ecosystems watersheds, such as climate changes,
desertification and increased soil salinity, deforestation and loss of
biodiversity;[23] (f)
increasing the efficient use of water by end-users; (g) reducing water
wastage in its distribution; (h) response mechanisms for emergency
situations; (i) and establishing competent institutions and appropriate
institutional arrangements to carry out the strategies and programmes.

29.
Ensuring that everyone has access to
adequate sanitation is not only fundamental for human dignity and privacy,
but is one of the principal mechanisms for protecting the quality of drinking
water supplies and resources.
[24]
In accordance with the rights to health and adequate housing
(see General Comments nNo. 4 (1991) and 14 (2000)) States parties have an obligation
to progressively extend safe sanitation services, particularly to rural and deprived urban areas,
taking into account the needs of women and children.

International
obligations

30.Articles 2(1), paragraph 1, and articles 11(1), paragraph 1, and 23 of the Covenant require that States
parties recognize the essential role of international cooperation and assistance
and take joint and separate action to achieve the full realization of the
right to water.

31.To comply with their international
obligations in relation to the right to water, States parties have to respect the enjoyment of the right in
other countries. International
cooperation requires States parties to refrain from actions that interfere,
directly or indirectly, with the enjoyment of the right to water in other countries. Any
activities undertaken within the State party’s jurisdiction should not deprive
another country of the ability to realize the right to water for persons in its
jurisdiction.[25]

32.States parties should refrain at all times from imposing
embargoes or similar measures, that prevent the supply of water, as well as
goods and services essential for securing the right towater.
[26]
Water should never be used as an instrument of political
and economic pressure. In this regard, the Committee recalls its position,
stated in its General Comment No. 8 (1997), on the relationship between economic
sanctions and respect for economic, social and cultural rights.

33.Steps should be taken by States parties to prevent their
own citizens and companies from violating the right to water of individuals
and communities in other countries. Where States parties can take steps to
influence other third parties to respect the right, through legal or political
means, such steps should be taken in accordance with the Charter of the United
Nations Charter and applicable international law.

34.Depending on the availability of
resources, States should facilitate realization of the right to water in other
countries, for example through provision of water resources, financial and
technical assistance, and provide the necessary aid when required. In disaster
relief and emergency assistance, including assistance to refugees and displaced
persons, priority should be given to Covenant rights, including the provision
of adequate water. International assistance should be provided in a manner that
is consistent with the Covenant and other human rights standards, and
sustainable and culturally appropriate. The economically developed States
parties have a special responsibility and interestto assist the poorer
developing States in this regard.

35.States parties should ensure that the
right to water is given due attention in international agreements and, to that
end, should consider the development of further legal instruments. With regard
to the conclusion and implementation of other international and regional
agreements, States parties should take steps to ensure that these instruments
do not adversely impact upon the right to water. Agreements concerning trade liberalization
should not curtail or inhibit a country’s capacity to ensure the full
realization of the right to water.

36.States parties should ensure that
their actions as members of international organizations take due account of the
right to water.Accordingly, States
parties that are members of international financial institutions, notably the
International Monetary Fund, the World Bank, and regional development banks, should take steps to
ensure that the right to water is taken into account in their lending policies,
credit agreements and other international measures.

Core obligations

37.In General Comment No. 3 (1990), the Committee confirms that
States parties have a core obligation to ensure the satisfaction of, at the
very least, minimum essential levels of each of the rights enunciated in the
Covenant. In the Committee’s
view, at least a number of core obligations in relation to the right to water
can be identified, which are of immediate effect:

(a)To ensure access to the minimum essential amount of water, that is
sufficient and safe for personal and domestic uses to prevent disease;

(b)To ensure the right of access to water,
and water facilities and services on a non-discriminatory basis, especially for disadvantaged or marginalized
groups;

(c) To ensure physical
access to water facilities or services that provide sufficient, safe and regular
water; that have a
sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the
household;

(d)To ensure personalsecurity is not threatened when having to physically access
to water;

(e)To ensure equitable distribution of all available water facilities
and services;

(f)To
adopt and implement a national water strategy and plan of action addressing
the whole population; the strategy and plan of action should be devised, and
periodically reviewed, on the basis of a participatory and transparent process;
they it should include methods, such as right to
water indicators and benchmarks, by which progress can be closely monitored;
the process by which the strategy and plan of action are devised, as well
as their content, shall give particular attention to all disadvantaged or
marginalized groups;

(g)To monitor the extent of the realization, or the non-realization, of
the right to water;

(i)To take measures to prevent, treat and control diseases linked to water,
in particular ensuring accessto adequate sanitation;

38.For the avoidance of any doubt, the
Committee wishes to emphasize that it is particularly incumbent on States
parties, and other
actors in a position to assist, to provide "international
assistance and cooperation, especially economic and technical" which enables developing countries to fulfil their core obligations indicated
in paragraph 37 above.

IV.
VIOLATIONS

39.
When the normative content of the right
to water (see Part II) is applied to the obligations of States parties (Part
III), a process is set in motion, which facilitates identification of violations
of the right to water. The following paragraphs provide illustrations of violations
of the right to water.

40.To demonstrate compliance with their
general and specific obligations, States parties must establish that they have
taken the necessary and feasible steps towards the realization of the right
to water. In accordance with international law, a failure to act in good faith
to take such steps amounts to a violation of the right.
[27]
It should be stressed that a State
party cannot justify its non-compliance with the core obligations set out
in paragraph 37 above, which are non-derogable.

41.In determining which actions or omissions amount to a violation
of the right to water, it is important to distinguish the inability from the
unwillingness of a State party to comply with its obligations in relation
to the right to water. This follows from articles 11(1),
paragraph 1, and 12, which speaks
of the right to an adequate standard of living and the right to health, as
well as from article 2(1), paragraph 1, of the Covenant,
which obliges each State party to take the necessary steps to the maximum
of its available resources. A State which is unwilling to use the maximum
of its available resources for the realization of the right to water is in
violation ofits obligations under the Covenant. If resource constraints
render it impossible for a State party to comply fully with its Covenant obligations,
it has the burden of justifying that every effort has nevertheless been made
to use all available resources at its disposal in order to satisfy, as a matter
of priority, the obligations outlined above.

42.Violations of the right to water can occur through acts
of commission, the direct actions of States parties or other entities
insufficiently regulated by States. Violations include, for example, the adoption
of retrogressive measures incompatible with the core obligations (outlined
in paragraph 37 above), the formal repeal or suspension of legislation
necessary for the continued enjoyment of the right to water, or the adoption
of legislation or policies which are manifestly incompatible with pre-existing
domestic or international legal obligations in relation to the right to water.

43.Violations through acts of omission
include the failure to take appropriate steps towards the full realization of
everyone's right to water, the failure to have a national policy on water, and
the failure to enforce relevant laws.

44.While it is not
possible to specify a complete list of violations in advance, a number of
typical examples relating to
the levels of obligations, emanating from the Committee’s work, may be
identified:

(a)Violations of the obligation to respect follow
from the State party’s interference with the right to water. This includes,inter alia: (i) arbitrary or unjustified
disconnection or exclusion from water services or facilities; (ii) discriminatory
or unaffordable increases in the price of water; and (iii) pollution and diminution
of water resources affecting human health;

(b)Violations of the obligation to protect follow from the failure of
a State to take all necessary measures to safeguard persons within their jurisdiction
from infringements of the right to water by third parties.
[28]
This includes,inter alia: (i) failure to enact or enforce laws to prevent
the contamination and inequitable extraction of water; (ii) failure to effectively
regulate and control water services providers; (iv) failure to protect water
distribution systems (e.g., piped networks and wells) from interference, damage
and destruction; and

(c)Violations of the obligation to fulfil occur through the failure of
States parties to take all necessary steps to ensure the realizationof
the right to water. Examples includes,inter
alia: (i) failure to adopt or implement a national water policy designed
to ensure the right to water for everyone; (ii) insufficient expenditure or
misallocation of public resources which results in the non-enjoyment of the
right to water by individuals or groups, particularly the vulnerable or marginalized;
(iii) the failure to monitor the realization of
the right to water at the national level, for example by identifying right-to-water indicators and benchmarks; (iv) the failure to take measures to reduce the inequitable distribution
of water facilities and services;(v)
failure to adopt mechanisms for emergency relief; (vi) failure to ensure that
the minimum essential level of the right is enjoyed by everyone (vii) failure
of a State to take into account its international legal obligations regarding
the right to water when entering into agreements with other States or with
international organizations.

V. IMPLEMENTATION
AT THE NATIONAL LEVEL

45.In accordance with article 2(1),
paragraph 1, of the Covenant, States parties are required to utilize “all
appropriate means, including particularly the adoption of legislative measures”
in the implementation of their Covenant obligations. Every State party has
a margin of discretion in assessing which measures are most suitable to meet
its specific circumstances. The Covenant, however, clearly imposes a duty
on each State party to take whatever steps are necessary to ensure that everyone
enjoys the right to water, as soon as possible. Any national measures designed
to realize the right to water should not interfere with the enjoyment of other
human rights.

Legislation, strategies and
policies

46.Existing legislation, strategies and
policies should be reviewed to ensure that they are compatible with obligations
arising from the right to water, and should be repealed, amended or changed if
inconsistent with Covenant requirements.

47.The duty to take steps clearly imposes on States parties
an obligation to adopt a national strategy or plan of action to realize the
right to water. The strategy must: (a) be based upon human rights law
and principles; (b) cover all aspects of the right to water and the
corresponding obligations of States parties; (c) define clear objectives;
(d) set targets or goals to be achieved and the time-frame for
their achievement; (e) formulate adequate policies and corresponding
benchmarks and indicators. The strategy should also establish institutional
responsibility for the process; identify resources available to attain the
objectives, targets and goals; allocate resources appropriately according
to institutional responsibility; and establish accountability mechanisms to
ensure the implementation of the strategy. When formulating and implementing
their right to water national strategies, States parties should avail themselves
of technical assistance and cooperation of the UN United
Nations specialized agencies (see Part VI below).

48.
The formulation and implementation of national water strategies
and plans of actionshould respect, inter alia, the principles of non-discrimination
and people's participation. The right of individuals and groups to participate
in decision-making processes, that may affect their exercise of the right towater,
must be an integral part of any policy, programme or strategy concerning water.
Individuals and groups should be given full and equal access to information
concerning water, water services and the environment, held by public authorities
or third parties.

49.The national water strategy and plan
of actionshould also be based on the principles of accountability,
transparency and independence of the judiciary, since good governance is
essential to the effective implementation of all human rights, including the
realization of the right to water. In order to create a favourable climate for
the realization of the right, States parties should take appropriate steps to
ensure that the private business sector and civil society are aware of, and
consider the importance of, the right to water in pursuing their activities.

50.States parties may find it
advantageous to adopt framework legislation to operationalize their right to
water strategy. Such legislation should include: (a) targets or goals to
be attained and the time‑frame for their achievement; (b) the
means by which the purpose could be achieved; (c) the intended
collaboration with civil society, private sector and international
organizations; (d) institutional responsibility for the process; (e)
national mechanisms for its monitoring; and (f) remedies and recourse
procedures.

51.Steps should be taken to ensure there
is sufficient coordination between the national ministries, regional and local
authorities in order to reconcile water-related policies. Where implementation
of the right to water has been delegated to regional or local authorities, the
State party still retains the responsibility to comply with its Covenant
obligations, and therefore should ensure that these authorities have at their
disposal the
sufficient resources to maintain and extend the necessary water
services and facilities. The States parties must further ensure that such
authorities do not deny access to services on a discriminatory basis.

52.States parties are obliged to monitor
effectively the realization of the right to water. In monitoring progress towards
the realization of the right to water, States parties should identify the
factors and difficulties affecting implementation of their obligations.

Indicators and benchmarks

53.To assist the monitoring process, right to water indicators
should be identified in the national water strategies or plans of action.
The indicators should be designed to monitor, at the national and international
levels, the State party's obligations under articles 11(1),
paragraph 1, and 12. Indicators should address the different components of
adequatewater (such as sufficiency, safety and acceptability,
affordability and physical accessibility), be disaggregated by the prohibited
grounds of discrimination, and cover all persons residing in the State party’s
territorial jurisdiction or under their control. States parties may obtain
guidance on appropriate indicators from the ongoing work of WHO, the Food
and Agriculture Organization of the United Nations (FAO), UN-the United Nations
Centre for Human Settlements (Habitat), the International Labour
Organization (ILO), the United Nations Children’s
Fund (UNICEF), the United Nations Environment
Programme (UNEP), and the United Nations Development
Programme (UNDP) and the UNUnited Nations Commission on Human Rights.

54.Having identified appropriate right to water indicators,
States parties are invited to set appropriate national benchmarks in relation
to each indicator.
[29]
During the periodic reporting procedure, the Committee will engage in a process of “scoping” with the State party. Scoping involves the joint consideration by
the State party and the Committee of the indicators and national benchmarks
which will then provide the targets to be achieved during the next reporting
period. In the following five years, the State party will use thesenational
benchmarks to help monitor its implementation of the right to water. Thereafter,
in the subsequent reporting process, the State party and the Committee will
consider whether or not the benchmarks have been achieved, and the reasons
for any difficulties that may have been encountered.
(See General Comment No.14 (2000),
para. 58). Further, when setting benchmarks and preparing their reports, States
parties should utilize the extensive information and advisory services of
specialized agencies with regard to data collection and disaggregation.

Remedies and accountability

55.Any persons or groups who have been denied their right towater should have access to effective judicial or other appropriate
remedies at both national and international levels (See General Comment No. 9 (1998)(, para. 4), and Principle 10,
of the Rio Declaration on Environment and Development).
[30]
The Committee notes that the right has been constitutionally
entrenched by a number of States and has been subject to litigation before
national courts. All victims of violations of the right to water should be
entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition.
National ombudsmen, human rights commissions, and similar institutions should
be permitted to address violations of the right.

56.Before any action that interferes with an individual’s right
towater is carried out by the State
party, or by any other third party, the relevant authorities must ensure that
such actions are performed in a manner warranted by law, compatible with the
Covenant, and that comprises: (a) opportunity for genuine consultation
with those affected; (b) timely and full disclosure of information
on the proposed measures; (c) reasonable notice of proposed actions;
(d) legal recourse and remedies for those affected; and (e)
legal assistance for obtaining legal remedies (see also General Comments No.4 (1991) and No.7 (1997)). Where such action
is based on a person’s failure to pay for water their capacity to pay must
be taken into account. Under no circumstances shall an individual be deprived
of the minimum essential level of water.

57.The incorporation in the domestic
legal order of international instruments recognizing the right to water can
significantly enhance the scope and effectiveness of remedial measures and
should be encouraged in all cases. Incorporation enables courts to adjudicate
violations of the right to water, or at least the core obligations, by direct
reference to the Covenant.

58.Judges, adjudicators and members of
the legal profession should be encouraged by States parties to pay greater
attention to violations of the right to water in the exercise of their
functions.

59.States parties should respect,
protect, facilitate and promote the work of human rights advocates and other
members of civil society with a view to assisting vulnerable or marginalized
groups in the realization of their right to water.

VI. OBLIGATIONS OF ACTORS OTHER THAN STATES

1.60.United Nations agencies and other international organizations concerned
with water, such as WHO, FAO, UNICEF, UNEP, UN-Habitat, ILO, UNDP, the International
Fund for Agricultural Development (IFAD), as well as international organizations concerned
with trade such as the World Trade Organization (WTO), should cooperate effectively
with States parties, building on their respective expertise, in relation to
the implementation of the right towater at the national level. The international
financial institutions, notably the International Monetary Fund (IMF) and the World Bank, should take into account the right
to water in their lending policies, credit agreements, structural adjustment
programmes and other development projects (see further
General Comment No. 2 (1990)), so that the enjoyment of the right to
water is promoted. When examining the reports of States parties and their
ability to meet the obligations to realize the right to water, the Committee
will consider the effects of the assistance provided by all other actors.
The incorporation of human rights law and principles in the programmes and
policies by international organizations will greatly facilitate implementation
of the right to water.

1.

1.The role of the International Federation of the Red Cross and Red Crescent
Societies, International Committee of the Red Cross, the Office of the United
Nations High Commissioner for Refugees (UNHCR), WHO and UNICEF, as well as non-governmental organizations
and other associations, is of particular importance in relation to disaster
relief and humanitarian assistance in times of emergencies. Priority in the
provision of aid, distribution and management of water and water facilities
should be given to the most vulnerable or marginalized groups of the population.

[1]
In 2000, the World
Health Organization
estimated that 1.1 billion persons did not have access to an improved water
supply (80 per cent of them rural dwellers)),
that was likely to provide at least 20
litres of safe water per person a day; 2.4 billion persons were estimated to be without
sanitation. (See
WHO, The Global Water Supply and Sanitation Assessment 2000, Geneva,
2000, p.1.) Further,
2.3 billion persons each year suffer from diseases linked to water:See United Nations,
Commission on Sustainable Development,Comprehensive
Assessment of the Freshwater Resources of the World, Report
Of The Secretary General, New York, 1997,
p.39.

[2]
See paras. 5 and 32, of the Committee’s General Comment No. 6 (1995) on the economic,
social and cultural rights of older persons.

[3]
See General Comment
No. 14 (2000) on the right to the highest attainable standard of health,
paragraphs 11, 12(a), 12(b), 12 and (d), 15, 34, 36, 40, 43 and 51.

[4]
See paragraph 8(b) of General Comment
No. 4 (1991). See also the report by Commission on Human Rights’ Special
Rapporteur on adequate housing as a component of the right to an adequate
standard of living, Mr. Miloon Kothari (E.CN.4/2002/59), submitted in accordance
with Commission on Human Rights Resolution 2001/28 of 20 April 2001, E.CN.4/2002/59.
In relation to the right to adequate food, see the report by the Special Rapporteur of the Commission on the right
to food, Mr. Jean Ziegler(
E/CN.4/2002/58), submitted in accordance with
Commission on Human Rights Resolution 2001/25 of 20 April 2001,E/CN.4/2002/58.

[5]
See Articleart. 14, (2)para.
2 (h), Convention on the Elimination of All Forms of Discrimination
Against Women (1979); art. 24, (2)para. 2 (c),
Convention on the Rights of the Child (1989);
arts. 20, 26, 29 and 46, of the Geneva
Convention III) relative to the Treatment of Prisoners
of War, of 1949; arts. 85, 89 and 127, of the Geneva Convention IV (relative to
the Treatment of Civilian Persons in Time of War, of 1949; arts.
54 and 55 of Additional Protocol I thereto of 1977; arts. 5 and 14 Additional Protocol II (
of 1977); Preamble, Mar Del Plata Declaration Action Plan of the United Nations Water Conference
(1977); see Paragraph 18.47 of Agenda 21,
Report of the United Nations Conference on Environment and Development
(1992), Rio de Janeiro, 3-14 June 1992 (A/CONF.151/26/Rev.1
(Vol.I and Vol. I/Corr.1, Vol.
II, Vol. III and Vol. III/Corr.1)(United Nations publication, Sales No.E.93.I.8), vol I: Resolutions adopted by the Conference, resolution
1, annex II; Principle No.3, The Dublin Statement on Water and Sustainable Development, International
Conference on Water and the Environment (1992)
(A/CONF.151/PC/112); Principle No.2, Programme of Action, of The Report
of the United Nations International Conference
on Population and Development,Cairo,
5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18),
chap. I, resolution 1, annex;paras. 5 and 19, Recommendation (2001) 14 of the
Committee of Ministers to Member States on the European Charter on Water
Resources; resolution 2002/6 of the United Nations Sub-Commission on the Promotion and
Protection of Human Rights and on the promotion of the realization of the right to drinking
water,. See also the report
on the relationship between the enjoyment of economic, social and cultural
rights and the promotion of the realization of the right to drinking water
supply and sanitation (E/CN.4/Sub.2/2002/10) submitted by the Special Rapporteur
of the Sub-Commission on the right to drinking water supply and sanitation,
Mr. El Hadji Guissé.

[7]
This relates to both availability and to accessibility
of the right to adequate food (See General Comment No. 12 (1999), paragraphs
12 and 13).

[8]
See also the Statement of Understanding accompanying
the United Nations Convention on the Law of
Non-Navigational Uses of Watercourses (A/51/869 of 11 April 1997)(1997), which declared
that, in determining vital human needs in the event
of conflicts over the use of watercourses “special attention is to be paid
to providing sufficient water to sustain human life, including both drinking
water and water required for production of food in order to prevent starvation”:UN General Assembly Doc. A/51/869 (11 April 1997).

[9]
See also paragraph
15, General Comment No.14.

[10] According to the
WHO definition, vector-borne diseases include diseases transmitted by insects,(malaria,
filariasis, dengue, Japanese encephalitis and yellow fever), diseases for which
aquatic snails serve as intermediate hosts (schistosomiasis) and zoonoses with
vertebrates as reservoir hosts.

[11]
For a definition
of sustainability, see the UN Report of the
United Nations Conference on Environment and Development, Rio de Janeiro,
3-14 1992, Declaration on Environment and Development, principles 1,
8, 9, 10, 12 and 15; and the Agenda 21, in particular
principles 5.3, 7.27, 7.28, 7.35, 7.39, 7.41, 18.3, 18.8, 18.35, 18.40,
18.48, 18.50, 18.59 and 18.68.

[12]
“Continuous” means
that the regularity of the water supply is sufficient for personal and domestic
uses.

[13]
In this context,
“‘drinking’” means water for consumption through beverages and foodstuffs.
“‘Personal sanitation” means disposal of human
excreta. Water is necessary for personal sanitation where water-based means
are adopted. “Food preparation” includes food
hygiene and preparation of food stuffs, whether water is incorporated into,
or comes into contact with, food. “Personal and household hygiene” means personal cleanliness
and hygiene of the household environment.

[14]
See
J. Bartram and G. Howard, “Domestic water quantity, service level and health:
what should be the goal for water and health sectors”, WHO, 2002. See also
P.H. Gleick, (1996) “Basic water requirements for human activities: meeting
basic needs”, Water International,
21, pp. 83-92.

[15]
The
Committee refers States parties to WHO, Guidelines
for drinking-water quality, 2nd edition, vols. 1-3(Geneva, 1993) that are “intended to be used as a basis for the
development of national standards that, if properly implemented, will ensure
the safety of drinking water supplies through the elimination of, or reduction
to a minimum concentration, of constituents of water that are known to be
hazardous to health.”

[16]
See also General Comment No. 4 (1991), paragraph
8(b), General Comment
No. 13 (1999) paragraph 6(a) and General Comment
No. 14 (2000) parasgraphs 8(a) and 8(b).
Household includes a permanent or semi-permanent dwelling, or a
temporary halting site.

[20]
For the interrelationship
of human rights law and humanitarian law, the Committee notes the conclusions
of the International Court of Justice in Legality of the Threat or Use of Nuclear Weapons
(Request by the General Assembly), ICJ Reports (1996) p. 226, at paragraph
25.

[21]
See Articles 54 and 56, Additional Protocol I to the Geneva Conventions
(1977), art.54, Additional Protocol II (1977), Articles 20
and 46 of the third Geneva Conventions III of
12 August 1949, and common article 3 of the Geneva Conventions (of 12 August 1949).

[22]
See
footnote
5 above, the UN Conference
on Environment and Development (UNCED), Rio de Janeiro, 1992,Agenda
21, Chapters 5,7 and 18; and
the World Summit on Sustainable Development, Plan of Implementation (2002),
paragraphs 6(a), (l) and (m), 7, 36 and
38.

[23]See the Convention on
Biological Diversity, the Convention to Combat Desertification, and the United
Nations Framework Convention on Climate Change, and subsequent protocols.

[24]
Article 14(2), para. 2, of the Convention on the Elimination of All
Forms of Discrimination Against Women (1979) stipulates States parties shall ensure to women the
right to “adequate living conditions, particularly in relation to […] sanitation”. Article 24(2) , para. 2, of the Convention on the Rights of the Child
(1989) requires States parties to “To ensure that
all segments of society […] have access to education and are supported
in the use of basic knowledge of […] the advantages of […] hygiene and environmental sanitation.”

[25]
The Committee notes
that the United Nations Convention on the Law of Non-Navigational Uses of
Watercourses (1997) requires
that social and human needs be taken into account in determining the equitable
utilization of watercourses, that States parties take measures to prevent
significant harm being caused, and, in the event of conflict, special regard
must be given to the requirements of vital human needs: see Articles 5, 7 and 10 of the Convention.

[26]
In General Comment
No.8 (1997), the
Committee noted the disruptive effect of sanctions upon sanitation supplies
and clean drinking water, and that sanctions regimes should provide for
repairs to infrastructure essential to provide clean water.

[29]
See E. Riedel, “New bearings to the State reporting procedure: practical ways to
operationalize economic, social and cultural rights – The example of the
right to health”, in S. von Schorlemer (ed.);, PraxishandbuchUNO, 2002, pp. 345-358. The Committee
notes, for example, the commitment in the 2002 World
Summit on Sustainable Development Plan of Implementation“to halve, by the year
2015, the proportion of people who are unable to reach or to afford safe
drinking water (as outlined in the Millennium Declaration) and the proportion
of people who do not have access to basic sanitation.”

[30]
Principle 10 of the, Rio Declaration on
Environment and Development, (Report of the
United Nations Conference on Environment and Development,,1992, see footnote 5 above), states with respect to environmental issues
that “effective access to judicial and administrative proceedings, including
remedy and redress, shall be provided”.